The estate of a Santa Fe deputy who was killed last year is being taken to court.

Henry Milligan claims that Deputy Jeremy Martin handcuffed him too tightly when Milligan was arrested for drunken driving. He said Martin caused him severe pain during the May 2014 arrest, claiming assault, battery, false imprisonment and the deprivation of his constitutional rights.

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The lawsuit claims Mulligan was driving on Interstate 40 when Martin pulled him over. Court documents show Mulligan was arrested on suspicion of DWI and drug possession.

Mulligan claims the cuffs were on for 3 1/2 hours and the injuries required surgery. Milligan is seeking damages from Martin’s estate and the Santa Fe County Commission.

Both Santa Fe County and the Sheriff's Office said they couldn't comment on pending litigation.

The charges in Milligan's May arrest were dismissed.

Martin was shot and killed last October. Former Deputy Tai Chan is charged with murder in the case. Investigators said both deputies had been drinking and got into a fight.